22-IB51 12/19/2022 FOIA Opinion Letter to Randall Chase re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control
Petitioner alleged that DNREC had not responded to his request as of the date of the Petition and that the raw sampling data and related internal correspondence had not been provided, despite this Office’s previous opinion regarding these records.
DECIDED: The Petition’s claim that DNREC failed to respond to the request was determined to be moot. DNREC violated FOIA by failing to demonstrate its withholding of access to the requested raw data and the related internal correspondence was proper under FOIA.
Read More22-IB50 12/16/2022 FOIA Opinion Letter to John Hawley re: FOIA Complaint Concerning the Delaware Department of Natural Resources and Environmental Control, the Delaware Parks and Recreation Council, and the Parks Council’s Stakeholder Workgroup
Petitioner alleged that the Delaware Department of Natural Resources and Environmental Control (“DNREC”), the Delaware Parks and Recreation Council (“Parks Council”), and the Parks Council’s Stakeholder Workgroup (“Workgroup”) violated FOIA by failing to adhere to FOIA’s open meeting requirements because the Parks Council’s agendas for its February, May, August, and November 2022 meetings did not give adequate notice of its intent to review or change the surf fishing permit program. Petitioner also alleged that the Workgroup was required to provide public notice of its meetings.
DECIDED: Parks Council did not violate FOIA with its agenda topics. However, the Workgroup is a public body under FOIA, and thus, did violate FOIA’s open meeting requirements.
Read More22-IB49 12/16/2022 FOIA Opinion Letter to Michael Platt, City Council President, re: FOIA Complaint Concerning the New Castle City Council
Petitioner alleged that three members of New Castle City Council privately discussed and reached a consensus on the tourism director position and that these members regularly used private and public email systems to communicate outside of public meetings and referenced an email in which one councilmember intended to have private discussions with another member.
DECIDED: As the Council provided appropriate sworn testimony, the Petition’s claims allegations did not constitute violations of FOIA.
Read More22-IB48 12/12/2022 FOIA Opinion Letter to Erica Lindsey re: FOIA Complaint Concerning the Fort DuPont Redevelopment and Preservation Corporation
Petitioner alleged that Fort DuPont Redevelopment and Preservation Corporation (“FDRPC”) violated FOIA by not responding to two FOIA requests seeking records relating to financial audits of the FDRPC.
DECIDED: FDRPC violated FOIA by failing to timely respond to two FOIA requests.
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